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(영문) 광주지방법원 2017.12.19 2017고단4663
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2017, the Defendant, while under the influence of alcohol of 0.193% among blood alcohol, was driven by B, 0.193%, and led to two-lanes of 320-lane 134, 000,000,000 in front of 320-lane 134,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,000.

At this time, the Defendant was negligent in the front left-hand and right-hand si, and did not operate the steering direction and brakes properly and did not operate the steering direction and brakes, and the Defendant intending to change the fleet from three lanes to two lanes in the same direction, and the Defendant shocked the left-side of the DYF rocketing and other vehicles into the right-hand part of the vehicle.

Accordingly, the Defendant did not immediately stop and take necessary measures to ensure the existence of damage, etc. while destroying the left YF Launa car by negligence in the course of performing the above duties to ensure that the amount equivalent to KRW 109,700 is equivalent to the repairing cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of the written estimate statutes;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148, 54(1) (the occupation of any measure not taken after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The instant crime committed by the Defendant while driving a alcohol while causing a traffic accident and attempted to flee without taking relief measures despite causing damage to the damaged vehicle, and the nature of the relevant crime is bad, and the Defendant refused to take alcohol measurement or did not take measures after the accident in 2015.

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